Sturgis advertiser. (Sturgis, Dakota [S.D.]) 1887-1???, 1887-12-07
= 5 -777
LAMAR ON LAND GRANTS.

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synopsis Of the forthcoming Repoft Of the
Secretary u the Interior.
This land giant legislation was certainly
not In harmony with the theory Of distribu-
ton OF the public domain among the people;
and gave UP to capitalists IS basis for traffic
andspecnlation and gigantic financial tchemes
what was by the original policy Of the govern
m.nt designed to be homes for an industrious
and thrifty people, abodes Of domestic happi-
mesa and virtue and patriotism. Notwith-
standing these indemnity Withdrawals were
made exclusively for the interests of certain
companies, few Of these, II any OF them, con-
structed their roads within the time prescrib-
ed In the granting act IS al express Condition
on which the grant was fnide. Maps Of
isprobable,n i;general;n ssdcsignated,n and
.siefinite,' routes CT said reads we're fled with
rapiGity in the department, and Withdrawals
hereunder asked and aim ,st invariably
granted, until the public land, states and ter
ritories, were gridironed over with railroads
granted and indemnity limits; and in many
instances the limits Of one road overlapping
and coEfl citing with other roads in most be-
wl4deripg Manner, so that the settler seeking
home could scarceIy find q desirable location
that was not claimed b; some one, or perhaps
two or three, of the many roads to which
grants Of land bad been made by congress.
Nor was this all. Though dssired tract
might not be, appars ntiy, covered BY rail
road location, the settler would hardly select
1t before agents Of Interpretations would set
up claim to 1t, or to the right to occupy and
denude 1t under the right-of-way and con
| struction privileges conferred by the grant
ing oct. THIS the settler, ignorant OF his
legal rights; and with no one to advice him
with respect to either the law or facts, woulcj
| for the sake Of peace and home, readily cor
sent to purchase from the company. In this
way these corporations, In addition to the
| lands granted to them, have claimed, sold and
received the price Of great deal Of ether
lands to which they had neither legal.ilur
moral right, nor . shadow OF either. The
confusion; hardship and imposltions prac-
tlced upon the settlers were greatly increased
| By bold schemes of the corporate agents where
Withdrawals were made of lands to which the
| legal title OF the companies had not attached,
and ahich afterward renamed in the same
condition for years, through the failure OF
congress to make the necessary apprcpris.
lions for surveys.
When, however, through partial surveys or
adjustments of grants the lands thus aold by
the company we're found to be outside OF the
grants, ard determined by tho department to
be public lands, the purchaser from the M
pany found himself In the unfortunate pre-.
dicament of having lost both his land and hie
money. Generally without means to enter
into costly litigation with the powerful cor.
poratioD, the deprivation of his homo, the ex'
pendIturc and waste OF his yeare, energy and
strength in redeeming that home from Its
wild condition, rendered his mere Technical
right of action agsiast the company but little
more than mockery.
It mattered not what might be his oq1tieF
acquired by years of toll upon what he be
lieyed to be part of the national domain. j
was declared ty the highest Judicial triblna
as expouuded by the highest law officers Of
Competent authority was legal and effective
to exclude all from intrusion within its
limits.
Oae such case, where hardship and injus
tice were about 70 be indicted under the law
came under your observation. Secretary hers
cltee The noted Guilfori Miller easel. After
years of waiting, congress had failed to EN-
power the department to make the necessary
surveys, whereby come Of the grants might ht
adjusted, ard no immediate prospect Of sue
surveys wei Ia sight. But law was passed
March 8, 1857, whereby the secretary of thu
interior WAS directed to Immediately adjus
esca OF the railroad land grants made by cor
gress to aid In the construction of railroads.
/ entered upon most careful consideration
of the whole subject of the history and Law
relating to land grants, ard concluded tina
II the department was clothed with authorii.
to make in6emnit y W. th6rawals as had bcel
done in so maiy instances, the exercise o
that authority was matter entirely within
sound discretion and not matter Of legal oh
legation In any respect; that the same soun'
discretion, which in the interest Of the com
panies justified said Withdrawals, now demand
ed percmptorily, in the public interest,
speedy revocation of the same; and that III
most effective way Of expediting the adjust
ment of the land grsntssNand doing exac
1stice to the companies, guarding and PFC
noting the interests Of settlers also, was t.
, permit the pubic to enter into competition
, with the companies In the selection Of tn
lands heretofore withdrawn for iudemnit
purposes.
Il The secretary refers to his rule of May 2
! upon different companies to show cause VIII
the Withdrawals should not be revoked. Fl
adds.
Some Of the companies failed to show cause
others fled answers asserting to arevocatior
as they had received satisfaction of theirgrant
either in full or as far as possible; others as
t sentiDg on condition that the lands coverc
ty selections already made should be ex
ceptedfrom the order OF revocation, ard o.ht
companies OF jected to the order of reyocatio
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